Supreme Court

Decision Information

Park (Re)

Court Supreme Court
Date 1988-07-06
Other citations [1988] N.W.T.R. 274 – 30 E.T.R. 226
File numbers 01163
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
Tourson's Case (1610), 8 Co Rep 170A
Shaftsbury (Earl) v. Shaftsbury, (1725) Gib Ch. 172, 25 ER 121
Smith v. Smith (1745), 3 Atk. 304, 26 ER 977 (LC)
Re Walker (1905), 1 Ch 160, 74 LJ Ch 86
Ely's (Lord) Case (1764), 1 Ridg Parl Rep 515 (IR)
Re Fitzgerald (1805) 2 Sch & Lef 432 (IR)
Re Dignard (1940) 4 DLR 198 (NBSC)

Statutes considered:
Mental Health Act, RSNWT 1985 (2d), c. 6
Judicature Act, RONWT 1974, c. J-1, s. 10
Judicature Act, RONWT 1974, c. J-1, s. 19
Northwest Territories Act, RSC 1970, c. N-22, s. 18
Decision information:

Abstract: Petition for appointment of a committee for the administration of the estate of a mental incompetent who suffers from advanced ahlzeimer=s disease - Petitioner is the son of the incompetent - Son looks after mother presently and is the administrator of deceased father' estate of which mother is the sole beneficiary.
Decision: Petition granted - Son in the best position to care for mother and administer her estate.
Subjects: Wills and estates - Executors and administrators - Appointment
Mental incompetence - Adminstration of estate
Mental incompetence - Committees, guardians and trustees - Appointment

Decision Content

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